15ca & 15cb

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Rupesh Jain (Querist)
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04 May 2016 subsidiary company in india, its holding company in america. A bill of professional service recd. by subsdiary company, on which name of holding company but address of subsdiary company. and subsdiary company have to pay bill of this services. consultant tell that he have agreement with holding company for that he give the service to any subsdiary of holding company and give the bill directly to the subsidiary company.

1. in that case subsidiary make payment to consultant or parent company.
2. tds to be deducted or not, if deducted what rate will be applicable
3. these bill are long time pending due to taxation disputes.2014, 2015, 2016
4 CA not issuing the 15CB due to bill not in name of subsidiary.
5. it may possible it come under the deemed dividend provision ? Due to bill in name of the parent company.

service are give by consultant how is non resident, on order of parents company and service also given out of india.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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04 May 2016 1 As service is received by the subsidiary company it has to make payment to the consultant.
2 TDS has to be deducted u/s 194J at 10% by subsidiary company.
3 There can be no dispute.
4 15CB not required.

Rupesh Jain

Rupesh Jain (Querist)
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04 May 2016 sir, consultant is non-resident, bank require 15CB form for make payment to consultant.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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04 May 2016 In case the consultant is non resident.
1 Payment has to be made by subsidiary company who received the services.
2 TDS applicable as per section 195.
3 There can't be any dispute.
4 Approach another CA.
5 It will not come under deemed dividend provision.

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